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Verizon Customer's Lawyers Say Search was Unlawful

(Click here to view the original thread with full colors/images)


Posted by: TotalRecall

Lawyers for a New York woman accused of unlawfully sharing music over the Internet suggested Tuesday the recording industry acted illegally when it investigated her online activities and that a search of music files on her computer may have been unconstitutional.

The lawyers — Richard Ugelow, Glenn Peterson and Daniel Ballard — are asking a federal magistrate to delay at least until Sept. 10 ordering the woman's Internet provider to turn over her name and address to the Recording Industry Association of America, the trade group for the largest labels.

In court papers, the lawyers said they may argue that the RIAA violated state and federal laws by intercepting the woman's Internet address as its investigators scoured file-sharing networks looking for songs to download.


Unless the service is encrypted, it would be easy to compare a P2P service to a public market, in which monitoring would be legal. But, is the RIAA the net's police?



Posted by: poolking

I suppose you could rename the files "screw the RIAA" or "RIAA sucks"



Posted by: laborat

In my view, money talks in a capitalistic oligarchy. Laws, common sense, and basic rights have no defense against large amounts of money, bought political officials and judges, and high priced lawyers.

Many people see this issue as one of rights, i.e. the freedom to download and listen to whatever music we want to on the net, but it is not about that--it is about protecting proprietary intellectual properties that make billions for the recording industry.

If anyone on here thinks that the system will just walk away from those billions in annual income and say to the people, , you are right, we were wrong, we never meant to step on the basic rights provided in the
Constitution, then I will submit your name as a contender in the Flat Earther Man of the Year. With an attitude like that you would be a shoo in winner.



Posted by: Null Actor

Yep. Even if the RIAA were to lose a fight in court, they'd just lobby a few politicians (read: contribute millions of dollars) and the politicians will push through another law that's pretty stupid, and of no use except to allow big corporations to continue to strong arm the little guy (like the DMCA).

The system needs to change before change can happen within the system.



 
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